Public Policy and Governance – Page 163

“Illegally Constituted” Legislatures..

Every once in a while, I read a news release that makes me go “wow!” I read this one twice–and I love it.

Wake County Superior Court Judge Bryan Collins struck downtwo of the state constitutional amendments passed by North Carolina voters last November. But the reason he gave for his decision was remarkable: in his view, the state legislature is so gerrymandered as to be an illegitimate body that doesn’t really represent voters, and thus had no authority to alter the state constitution.

“An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution,” wrote Collins.

The amendments that were struck down by this ruling were an amendment requirement that voters present a strict photo ID at the polls, which is almost identical to a previous law a federal court said targeted African Americans “with almost surgical precision,” and an amendment capping the state income tax rate at 7 percent, which was a huge gift to the wealthy that jeopardized the state budget.

North Carolina voters had approved four constitutional amendments in a referendum, and the Judge let two of them go into effect. He found that the legislature’s description of the two amendments he struck down had been misleading. (A court had previously invalidated an earlier draft of language explaining the amendments.)

North Carolina has been called the most aggressively gerrymandered state in the country, and a case challenging its current legislative and congressional districts will be heard by the Supreme Court during its next term.

The Judge’s decision will, of course, be appealed, and there is no telling what the final outcome will be, but the decision ranks right up there with the pronouncement by a clear-eyed child in the well-known story: “the Emperor has no clothes.”

A few days ago, I cited David Leonhardt’s column in the New York Times, in which he catalogued state legislative actions contrary to the clear desires of the relevant voters, and I compared those examples to the repeated refusal of Indiana’s lawmakers to act on the demonstrable wishes of Hoosier voters that they pass a hate crimes bill.

Thanks to the prevalence of gerrymandering (and assorted other political “dirty tricks” including vote suppression), America currently has several state legislatures that meet Judge Collins’ criteria for illegitimacy.

When the “clothing” of rhetoric is stripped away, the fact that we no longer have a genuine democracy is the “naked” truth.

Three cheers for Judge Collins and his willingness to call it like it is.

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Those Pesky Facts…

Not long after Trump’s childish government shutdown ended, The Washington Post ran an article debunking five “myths” about the federal workforce.

The first myth on the list may be the most pernicious: that government workers earn more than their private-sector counterparts. As the article pointed out, this isn’t true if you are comparing apples to apples. Although workers with only a high-school diploma make slightly more if they work for the government, workers with professional degrees make somewhat less. But overall salary comparisons aren’t useful,

because “federal workers tend to be older, more educated, and more concentrated in professional occupations than private-sector workers,” according to the Congressional Budget Office. There are also comparatively few part-time workers in the government.

Other misconceptions included the belief that most people who work for the federal government are located in Washington, D.C. and don’t “rub elbows” with “real Americans”(actually, only about 1 in 6 federal employees work in D.C.), the belief that government is shrinking (actually, thanks to privatization, it has grown), the belief that private enterprises can deliver services at a lower cost than government (The Project on Government Oversight says that “the government pays billions more annually in taxpayer dollars to hire contractors than it would to hire federal employees to perform comparable services.”), and that it is virtually impossible to fire non-performing government employees (federal employees are fired all the time, although they do have more rights than private-sector employees, who basically don’t have any.)

The linked article includes data supporting each of its corrections, and it’s worth clicking through and reading it in its entirety, but I think the more interesting question involves the reason for these widely-held misconceptions.

I think it comes down to Americans’ ambivalence about government.

A persistent anti-government bias is a long-standing feature of American culture. Reagan’s famous quip that “I’m from the government and I’m here to help you” is met with fear resonated with so many voters because skepticism about government is “baked in” to the American worldview.

Ironically, however, when most Americans are concerned about a problem, whether local or national, their first impulse is to insist that government solve it.

In a rational world (and yes, I know we don’t inhabit such a world), we would launch a national discussion about what it is we believe government should–and shouldn’t–do.

(Unfortunately, thanks to our deficit of civic literacy, most Americans don’t understand that the answer to the the question “what shouldn’t government do?” is found in the Bill of Rights. As I tell my students, the Bill of Rights is essentially a list of things that government is forbidden to do.)

If we could hold such a national conversation, we might come to some agreement about what we expect government in the 21st Century to do–inspect the food supply, keep airplanes from crashing into each other, protect us from criminals and so forth. We might also reinforce understanding of things government has no business deciding–what we read, who we love, whether and how we procreate or pray.

The lesson we should have learned from the government shutdown is that Trump and his abysmal Cabinet are–thankfully– a very small part of the federal government. Despite their incompetence, thousands of people in government’s much-maligned workforce go to their jobs every day to ensure that government functions as expected. They aren’t perfect, and the incompetence at the top does do considerable damage, but without them, we’d be up that proverbial creek without a paddle. And the creek would be polluted.

Perhaps if Americans had a common understanding of the pesky facts about what government employees do every day, we would be less likely to sneer at “government work.”

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The Inmates Running The Asylum

There really is no end to this. Every day, we are reminded that everyone in or around the White House is either a White Supremicist (like creepy Steven Miller) or a nutcase invested in conspiracy theories. Of course, the two categories are not mutually exclusive.

Case in point.

The wife of White House communications director Bill Shine went on an anti-vaccine tirade while spreading conspiracy theories about an outbreak of measles in the Pacific north-west.

In a series of tweets, Darla Shine lashed out against a CNN segment detailing the outbreak, which has seen more than 50 unvaccinated people contract measles in Washington state and Oregon.

“Here we go LOL #measlesoutbreak on #CNN #Fake #Hysteria,” Darla Shine tweeted. “The entire Baby Boom population alive today had the #Measles as kids. Bring back our #ChildhoodDiseases they keep you healthy & fight cancer.”

“I had the #Measles #Mumps #ChickenPox as a child and so did every kid I knew,” she went on to claim, adding: “Sadly my kids had #MMR so they will never have the life long natural immunity I have. Come breathe on me!”

Shine is a former TV producer. She’s married to Bill Shine, the former executive at–where else?– Fox News who is now Donald Trump’s deputy chief of staff for communications.

When she was criticized for her comments, Shine not only accused “the Left” of attempting to smear her, but suggested that measles can cure cancer (mischaracterizing a complex case from 2014 that did not reach that conclusion.)

This isn’t her first visit to whack-a-doodle land. She has “debunked” use of sunscreens and spread several conspiracy theories warning of the “dangers” of vaccines.

Other unearthed tweets found Darla Shine making profane remarks about race, questioning why white people were considered racist for using “the n’word” given its use by black people and defending the Confederate flag.

She has repeatedly struck a dismissive tone when discussing allegations of sexual assault, be it in the military or at Fox News.

Granted, this woman is the spouse of a White House staffer–not the staffer herself. (Her husband departed Fox News after he was found to have suppressed allegations of sexual impropriety against Roger Ailes and Bill O”Reilly.) Nevertheless, her looney-tunes tweets reflect upon the administration and are highly inappropriate.

Of course, so are Trump’s.

In fact, I can’t think of anyone who is still in the White House, from the President on down, who isn’t an embarrassment to humanity.

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They Aren’t Even Pretending Anymore

For the past several years, political scientists and pundits have published articles bemoaning the erosion of democracy and democratic norms, and Americans who follow government and politics have nodded in measured agreement.

I say “measured” because we still retain the trappings of democracy–campaigns, elections, the free press that so annoys Donald Trump. But this year, we are coming face-to-face with a reality we’ve been avoiding: our elections are mostly a sham, and legislators–who haven’t felt the need to reflect the will of those who voted for them for quite some time–no longer are bothering even to pretend that they are “representative.”

David Leonhardt has noticed.

In November, the people of Utah voted to provide health insurance for about 150,000 state residents who lacked it. Last week, Utah’s legislators overruled their own constituents and took away insurance from about 60,000 of those 150,000 people.

The legislators claimedthey were trying to save money, but that’s not a credible rationale: The federal government would have covered the bulk of the cost. The true reason — which the legislators weren’t willing to admit publicly — was a philosophical objection to government-provided health insurance.

Utah’s turnabout is the latest worrisome exampleof politicians rejecting the will of voters.

The offending politicians have been mostly Republican, as they are in Utah. “You see a rising, disturbing trend here of equivocation, if not worse, in the commitment to democratic norms on the part of a growing number of Republicans,” Larry Diamond, a Stanford University democracy expert, told my colleague Ian Prasad Philbrick. “Is this what the Republican Party wants to be? The anti-democracy party?”

Leonhardt provides examples from Idaho, Maine and Michigan, and notes that, In Missouri, legislators are attempting to subvert a ballot initiative that would reduce gerrymandering.

In Utah, the legislature partly overturned a new law allowing medical marijuana.

These examples involved lawmakers ignoring the results of state referenda. Indiana doesn’t allow referenda, but our lawmakers have been equally willing to ignore the clear wishes of their voters.

This year, both the Indiana and Indianapolis Chambers of Commerce have made passage of bias crimes legislation a priority. Business and civic leaders throughout the state formed an organization, Forward Indiana, to support the bias crimes bill. The governor has asked the legislature to pass it. In a poll of Hoosiers on the issue, 84 percent of Democrats, 75 percent of independents, and 63 percent of Republicans supported passage of a hate crimes bill focused on marginalized Hoosiers.

The Senate GOP eviscerated the measure, gutting the language that made it legally effective. All indications are that the House–which, like the Senate, has a Republican super-majority with a history of homophobia–will concur.

If Indiana lawmakers actually represented their constituents, passage would have been a no-brainer. But thanks to gerrymandering, Indiana lawmakers feel free to ignore the wishes of the public they ostensibly serve, and they do so with some regularity.

As Common Cause has explained, we have a system in which the legislators choose their voters rather than a truly democratic system in which voters choose legislators. And until that changes, lawmakers will continue ignoring We the People.

Like the lawmakers in Utah and other states, they don’t even bother to pretend any more.

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It’s Not Easy Being Green…

There has been a lot of discussion about the “Green New Deal” proposed by several Democrats. Critics have pooh-poohed it as “pie in the sky,” while others have praised it for setting high aspirations.

As usual, Ed Brayton over at Dispatches from the Culture Wars has cut through the sanctimony, pro and con.

It’s really just a set of goals, not a really specific program for how to achieve those goals. The resolution calls for a “10-year national mobilization” to work toward the end goal of ending greenhouse gas emissions and replacing all of our energy production with renewable sources. In order to keep the rise in global temperatures at 1.5% or lower, it sets these goals:

(A) global reductions in greenhouse gas emissions from human sources of 40 to 60 percent from 2010 levels by 2030; and
(B) net-zero global emissions by 2050;

This doesn’t seem all that far-fetched to me. What I have long called for is a national program similar to the Tennessee Valley Authority project, which was a huge push from the federal government to electrify rural areas in that valley. It should be the policy of the government to invest enormous resources in the development of new renewable energy technologies (principally solar and wind), better battery storage and to replace the current electric grid with modern technology.

As Brayton points out, the measure also calls for conservation– especially through the upgrading of older buildings and building new ones with energy efficiency in mind.

At this point, the Green New Deal is primarily symbolic; its passage would signal recognition of the threat that climate change poses, and America’s determination to do everything we can to ameliorate that threat. Recent scientific reports have underlined the immediacy of the damage being done by a warming earth: insects are disappearing; oceans are warming and rising, contributing to extreme weather events; coral reefs are disappearing…the list goes on.

In a time of significant political polarization, climate change is the common enemy: we really are all in this together. At the very least, our quarreling and hostile tribes should be able to come together to combat the changes that threaten the planet. And as the U.N. Report makes clear, those changes are on our doorstep.

Oceans have warmed, the amounts of snow and ice have diminished and the sea level has risen. From 1901 to 2010, the global average sea level rose by 19 cm as oceans expanded due to warming and ice melted. The sea ice extent in the Arctic has shrunk in every successive decade since 1979, with 1.07 × 106 km² of ice loss per decade.

Given current concentrations and ongoing emissions of greenhouse gases, it is likely that the end of this century that global mean temperature will continue to rise above the pre-industrial leve. The world’s oceans will warm and ice melt will continue. Average sea level rise is predicted to be 24–30 cm by 2065 and 40–63 cm by 2100 relative to the reference period of 1986–2005. Most aspects of climate change will persist for many centuries, even if emissions are stopped.

There is alarming evidence that important tipping points, leading to irreversible changes in major ecosystems and the planetary climate system, may already have been reached or passed. Ecosystems as diverse as the Amazon rainforest and the Arctic tundra, may be approaching thresholds of dramatic change through warming and drying. Mountain glaciers are in alarming retreat and the downstream effects of reduced water supply in the driest months will have repercussions that transcend generations.

I don’t think we can get “too ambitious.”

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